Mumbai Court grants anticipatory bail to TISS student for alleged sloganeering in support of Sharjeel Imam

A Mumbai Sessions Court last week granted anticipatory bail to a student of the Tata Institute of Social Sciences (TISS) who was accused of having raised slogans at Azad Maidan, Mumbai in support of activist Sharjeel Imam (Ambadi M v. State of Maharashtra)..The applicant sought anticipatory bail in relation to the first information report (FIR) lodged by Mumbai Police under Sections 124A (sedition), 153B (assertions prejudicial to national integration) and 505 (public mischief) of the Indian Penal Code..It was the prosecution’s case that the investigation against the present applicant, as well as Imam were underway.The investigation pertained to finding out how the accused had hatched plans to "affect unity of the nation."The prosecution counsel also pointed out that the applicant had been granted interim protection from arrest earlier and it was continuing and his custody was now necessary..Additional Sessions Judge MG Deshpande allowed the accused's plea observing that the there was no evidence before it to “even hold that the present applicant was part of the said assembly” and gave “anti-national slogans” attributing sedition..The Court also observed that since interim protection had been granted over a year ago, the Police had taken no steps to initiate investigation to find out the role of the applicant accused in the crime..Advocate Vijay Hiremath appearing for the applicant submitted that the prime accused in the case had been granted protection from arrest by the Bombay High Court.He also submitted that the applicant was a 22-year-old student. “Arrest has far reaching consequences as the same may spoil the career of the student forever,” he argued. .Bare perusal of the FIR made it clear to the Court that there was mention of only one woman, who was enjoying protection from arrest. Additionally, the informant seemed to have to come to a conclusion about sedition based on watching clips of Imam.The viral clip of the sloganeering at Azad Maidan was not even placed before the Court, the Court said while granting anticipatory bail to the applicant accused..The interim order of February 12, 2020 granting interim protection was, therefore, made absolute.In the event of arrest, upon execution of bail bond of ₹20,000 the applicant has to be released on bail, the Court said.The applicant should attend the police station as and when summoned and not leave the country. .[Read final order].[Read interim order]